United States v. Petersen, No. 16-1970 (8th Cir. 2017)
Annotate this CaseDefendant appealed the revocation of his supervised release and commitment to the Bureau of Prisons for 8 months followed by one year of supervised release. Defendant, while on a previous term of supervised release, left a voice mail soliciting his daughter to commit an assault on his behalf. The court concluded that the district court did not clearly err in finding these facts, taken together, show by a preponderance of the evidence that defendant violated a condition of his supervised release. Furthermore, defendant's 8 month term of imprisonment was substantively reasonable where the district court explicitly considered the 18 U.S.C. 3553(a) factors. Accordingly, the court affirmed the judgment.
Court Description: Riley, Author, with Loken and Benton, Circuit Judges] Criminal case - Criminal law and sentencing. The evidence was sufficient to show defendant violated the terms of his supervision by committing the new offense of soliciting an aggravated misdemeanor; sentence imposed was not substantively unreasonable.
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